latha (office staff) 12 August 2013

Divorce & maintenance

DEAR ALL,

PLEASE ADVICE ME.SHORT DESCRIPTION OF MY CASE IS,

MARRIAGE : ARRANGED ONE

ONLY 8 MONTHS HE STAYED WITH ME.SUE TO SOME ISSUES HE BEAT ME AND SEND ME OUT OF HIS HOME WHEN I WAS PREGANT FOR 5 MONTHS.

AFTER THAT I TRIED A LOT TO REJOIN HIM.BUT HE IS NOT AT ALL WILLING TO ACCEPT ME.

NOT AT ALL SEEN HIS 7YRS OLD SON TILL DATE FROM BIRTH EVEN ONCE.MY IN-LAWS ARE HATING ME AND ASKIG ME TO GIVE CONSENT FOR DIVORCE.BUT I DIDN'T GIVE.

FOR THE PAST FIVE YRS I FIGHT AGAINST DIVORCE CASE FILED BY HUSBAND AND ATLAST PROVED MY SIDE CASE AND WON THE CASE IN MY FAVOR.HIS DIVORCE PETITION WAS DISMISSED.

NOT IT WAS 2 MONTHS OVER HE DIDNT FILED ANY APPEAL FOR DIVORCE. I NEVER ASKED FOR MONEY APART FROM HIS AFFECTION.HIS FATHER IS NOT ALLOWING ME TO SPEAK TO MY HUSBAND.

AT THIS STAGE I HAVE TO SEEK MEDICAL AND EDUCATIONAL ASSISTANCE FOR MY SON (DUE TO SOME HEALTH ISSUE).MY COUNSEL SAYING TO FILE FOR MAINTENANCE CASE.IAM NOT WILLING TO DRAG MY HUSBAND FURTHER TO COURT.AT THIS STAGE WHAT I HAVE TO DO?

EITHER FILE FOR MAINTENANCE OR SHALL I GO & STAY WITH MY HUSBAND FOR THE REASON DIVORCE CASE DISMISSED AND HUBAND NOT YET GONE FOR APPEAL.

WHAT IS THE APPEL PERIOD AND HOW LONG I HAVE TO WAIT TO GO EITHER MAINTENANCE CASE OR REJOINING?

SHALL I HAVE RIGHTS TO STAY WITH HIM.BECAUSE HS IS STAYING WITH HIS PARENTS IN FIL OWNED HOUSE.

PLEASE THROW SOME LIGHTS ON THIS ISSUE.

WHICH OPTION TO CHOOSE.

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4 Replies

fighting back (exec) 12 August 2013

@latha. if i am not wrong, you are the same lady, who had posted her query about the divorce case of your husband being dismissed, and he is not appealing, nor he is willing to join you.

latha....i can understand your feelings for him, and your desparation to reunite with him, but just think coolly, what is the use if he is not willing to joing you even after the divorce case is dismissed, no law can force him to join you, the law cannot tie him with chains to you, if he has lost his affection for you, then that is the end of marriage of you, remember that saying "you can take the horse to the water, but you cannot make it drink"

same way, the law can only direct, but not force him to join you, so the fact is " you are carrying the weight of a 'dead' marriage around your neck. you counsell is rigjhtly saying to file for maintainence. but you are not willing to file that too....you are contrasting your own wants and needs. as far as staying with him in your FIL's home, you cannot barge into your FIL's home as it is his self acquired property, you can only barge and stay in that house which your husband lives.and by the way, what kind of satisfaction are you going to get, when you forcefully stay with someone who doesnt want to stay with you, the more close you go to him, the more hatred that will generate.

all the best...............

(Guest)

If you could have handled the situation at the right time, this situation would have not been arised.

adv.raghavan (Advocate,9444674980) 12 August 2013

u can file for maintanece UNDER SEC 18 OF HAMA ACT 1956, he can go for appeal within 30 days.u donot have to wait for his appeal, u can file a seperate case under the above said act.